We provide this notice to comply with the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (the “CCPA”). Any capitalized terms not defined herein have the same meaning as defined in the CCPA have the same meaning when used in this notice. Under the CCPA, we, as a “Business,” are required to provide California residents (“CA Residents”) with certain disclosures regarding the collection, use and disclosure of personal information, as well as certain rights with respect to their personal information, including the right to access, delete, and correct certain personal information we collect about them. The law also restricts the “Sale” or “Sharing” of personal information for cross-context behavioral advertising, and limits the use of “Sensitive Personal Information,” as defined by the law and described in the categories below. It also provides that California residents have the right not to receive discriminatory treatment for exercising the privacy rights described in this notice.
a. Categories, Collection, Purpose, and Categories of Third Parties with whom CA Personal Information is disclosed for a Business Purpose. The definition of personal information under California law (“CA Personal Information”) is broader than the definition of Personal Information in Section 1.f above and may include Usage and Device Information, such as IP addresses, cookie IDs, and device IDs, to the extent such information is reasonably capable of being associated with or linked to a particular consumer or household. The table below lists the categories of CA Personal Information we have collected in the preceding 12 months, the categories of sources of that information, the business or commercial purposes for which the information was collected, and the categories of third parties with whom it was disclosed (including Service Providers as we define the term above).
Category of CA Personal Information
Information Collected and Categories of Sources
Business or Commercial Purpose for Collection
Categories of Third Parties With Whom CA Personal Information Was Disclosed for a Business Purpose
Identifiers
Usage and Device Information collected when you use Service or visit Site (see Sections 2.b and 2.c)
Provide Service and Communicate with you (see Sections 3.a and 3.b)
Advertising and Marketing (see Sections 3.c and 5.b)
Service Providers (see Section 4.b)
Affiliated Businesses (see Section 4.c)
Audience Measurement Partners (see Section 5.b)
Advertising Partners (see Section 4.e)
Internet/
Electronic Network Activity Information
Usage and Device Information collected when you use Service or visit Site (see Sections 2.b and 2.c)
Provide Service and Communicate with you (see Sections 3.a and 3.b)
Advertising and Marketing (see Sections 3.c and 5.b)
Service Providers (see §
4.b)
Affiliated Businesses (see § 4.c)
Audience Measurement Partners (see Section 5.b)
Advertising Partners (see Section 4.e)
In addition, we may have disclosed all the categories of CA Personal Information identified aboveto the following categories of third parties: (i) judicial courts, regulators, or other government agents purporting to have jurisdiction over us, our subsidiaries or our affiliates, or opposing counsel and parties to litigation; and (ii) other third parties as may otherwise be permitted by law. We may disclose CA Personal Information to all of the third parties listed above to comply with our legal obligations or for the business or commercial purposes identified above.Additionally, we may disclose your CA Personal Information to third parties upon your request, at your direction or with your consent.
We may disclose or make available your CA Personal Information with our Service Providers such as our website provider, other entities that have agreed to limitations on the use of your personal information, or as otherwise permitted by, the CCPA.
b. Right to Opt Out of the Sale or Sharing of CA Personal Information. To the extent that allowing Comscore’s audience measurement software to collect Usage and Device Information on the Site constitutes a sale or sharing or personal information under California law, CA Residents can access Comscore’s an opt-out mechanism, which allows you to opt-out of data collected by Comscore globally, at http://www.scorecardresearch.com/preferences.aspx. You can also opt out of Comscore’s sharing of information for Interest-Based Advertising purposes at https://optout.aboutads.info and https://www.scorecardresearch.com/preferences.aspx. CA Residents may also click the CA Do Not Sell or Share My Personal Information link to opt out of the sale of sharing of CA Personal Information.
c. Right to Know, Correct and Delete Requests. CA Residents have the right to request that we disclose the categories of CA Personal Information we have collected about them, the categories of sources of that information, the business or commercial purposes for which the information was collected, and the categories of third parties with whom it was shared disclosed. This information is set forth in Section 8.a above. California law also provides CA Residents with the right to submit requests to know the specific pieces of CA Personal Information collected about them or to have their personal information corrected or deleted, subject to certain exceptions (such maintaining the information to continue to provide our services). However, we will only be able to honor such requests for CA Residents whose identities we can verify and, because the CA Personal Information we collect as a Business is limited to Usage and Device Information we collect when you visit the Site (see Section 2.c), we do not have any reasonable way to verify the identity of a CA Resident making any such requests. Nevertheless, requests can be submitted by emailing us at CCPA@cheddar.com or via the request forms available here (for right to know specific pieces of CA Personal Information collected) and here (for correction or deletion).
d. Use and Disclosure of Sensitive Personal Information. Certain CA Personal Information is considered “Sensitive Personal Information” under California law, including racial or ethnic origin, religious beliefs, information regarding a mental or physical health condition or diagnosis, information regarding sex life or sexual orientation, citizenship or immigration status, union membership, genetic or biometric data, and precise geolocation data. We do not knowingly collect Sensitive Personal Information from CA Residents. To the extent that any of the information you provide or we otherwise collect about you is Sensitive Personal Information under California law, we will only use and disclose such information for the purposes specific in Section 7027(m) of the CCPA regulations.
e. Platform Subscribers’ CA Personal Information, We consider the Third Party Platform to be the Business with respect to Platform Subscriber Usage and Device Information provided to us by Third Party Platforms for marketing and advertising purposes. CA Residents who stream Cheddar Content via one of the Third Party Platforms listed in Section 2.d above should review the privacy policy for that platform to understand the notice and opt-out choices it provides with respect to the sharing of this information with Cheddar.
We will not further sell or share this information unless the Third Party Platform provided notice and an opt-out right with respect to the sale of their CA Personal Information. We will act as a “Service Provider” (as defined in the CCPA) for the Third Party Platform with respect to the delivery of advertising to any CA Resident who opt-outs of the Third Party Platform’s sale of this information to Cheddar.
f. Authorized Agents. CA Residents may use an authorized agent to submit an opt out, right to know, correction or deletion request on their behalf provided that the CA Resident gives the authorized agent written permission to do so, the authorized agent submits verifiable proof of such written permission and their identity to us, and the CA Resident subsequently verifies to us that permission has been provided. CA Residents or their authorized agents can contact us at CCPA@cheddar.com for instructions and identity verification requirements for authorized agent requests.
g. Shine the Light Law (Cal. Civ. Code § 1798.83). A separate California law requires that we provide CA Residents with notice and choice with respect to the disclosure of their personal information to third parties for marketing purposes. We provide this notice and choice in Sections 4.e, 6.c and 6.d above. This satisfies our obligation to otherwise maintain or furnish users with a list of the names and addresses of third parties who receive Personal Information from us for marketing purposes.
h. CA Privacy Questions. If you are a CA Resident and have additional questions regarding our collection, use or sharing of your CA Personal Information, or your CCPA or Shine the Light law rights as described in this Section, you may send us your questions by email to the Privacy Administrator at privacy@cheddar.com. All requests should be labeled “Your California Privacy Rights” on the email subject line. For all requests, please clearly state that the request is related to “Your California Privacy Rights”.